Davis Sewing Machine Co. v. Jones
Supreme Court of Missouri
Appeal from Henry County Court of Common Pleas. In this case no notice of acceptance was neeessaiw. The contract was complete at the time defendants signed it.- It was absolute'oil it,s face. It created an original liability on their part. There is a distinction between a mere offer to guaranty, and an absolute guaranty, and this distinction is recognized in all the cases decided by this court.
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Appeal from Henry County Court of Common Pleas. In this case no notice of acceptance was neeessaiw. The contract was complete at the time defendants signed it.- It was absolute'oil it,s face. It created an original liability on their part. There is a distinction between a mere offer to guaranty, and an absolute guaranty, and this distinction is recognized in all the cases decided by this court. (Smith vs. Anthony, 5 Mo., 504; Central Savings Bank vs. Shine, 48 Mo., 456 ; Yyze vs. Wakefield, 6 Mees. & W., 442; Barker vs. Scudder, 56 Mo., 272.) The guaranty was not absolute. The guarantors here…
1Opinion of the Court
Napton. Judge,
delivered the opinion of the court.
This was an action on the following guaranty:
£;For value received, we hereby guarantee to the Davis Sewing Machine Companjr, of Watertown, New York, the full performance of the foregoing contract on the part of C. H. Hershey,-and the payment by said Hershey of all indebtedness, by account, note, endorsement of notes, or otherwise, which may arise under this contract from said Hershey to said *410Davis Sewing Machine Company, to the amount of six hundred dollars.
Dated at Clinton, this 2nd Dec., 1871.
Signed, Samuel Jones,
Witness : A. W. Davis. A. P.…
2Cases cited4 opinions
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Barker v. ScudderSupreme Court of Missouri · 1874
- Smith v. AnthonySupreme Court of Missouri · 1838
3Cited by10 opinions
- Don L. Tullis & Associates, Inc. v. GoverMissouri Court of Appeals · 1979
- Roberts v. HawkinsMichigan Supreme Court · 1888
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Hofheimer v. LosenMissouri Court of Appeals · 1887
- Taylor v. ShouseSupreme Court of Missouri · 1881
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